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Category: Erben und Vererben

Problem regarding the interpretation of a joint will in a blended family

Issues relating to the interpretation of a joint will in a blended family (Brandenburg Higher Regional Court, order of 31 January 2019, ref. 3 W 37/18)

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Misuse of a lasting power of attorney and a power of attorney for bank accounts

Misuse of a lasting power of attorney and a power of attorney for bank accounts

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In principle, it is possible to draw up a valid will on a piece of scrap paper.

In principle, it is possible to draw up a valid will on a piece of notepaper. But be careful: the formal requirements that generally apply to wills must be met.

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Proof of succession: Validity of a will that can no longer be found

A stroke of luck: even a will that can no longer be found may still be valid if its form and content can be proven by evidence.

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Premature renunciation of an inheritance: Renunciation on the basis of conjecture precludes the possibility of challenging the will

Premature renunciation of an inheritance: Renouncing an inheritance on the basis of mere conjecture and vague speculation about the composition of the estate precludes the possibility of challenging the will.

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A valid joint will may also be regarded as two separate wills

Paperwork: A valid joint will can also be regarded as two separate wills, even if – and in this case precisely because – they were originally written on a single sheet of paper and (at some point) cut apart...

Interpretation of a joint will: The meaning of ‚our children‘ in a blended family

Interpretation of a joint will: The meaning of ‚our children‘ in the context of a blended family (Higher Regional Court of Düsseldorf, order of 28 August 2018, ref.: I-3 Wx 6/18)

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Interpretation of a privately written will: preliminary and reversionary inheritance

Interpretation of an unwritten will: preliminary and reversionary inheritance: partner is only a non-exempt preliminary heir according to the Munich Higher Regional Court, order of 13 November 2018, ref. no.: 31 Wx 182/17

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Correction to the Land Register: Proof of inheritance by means of a certificate of inheritance

Correction to the Land Register: Proof of inheritance by means of a certificate of inheritance is required in the case of a privately written will that was previously placed in safekeeping and subsequently opened

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After a death – the funeral: Who pays the funeral costs?

After a death: the funeral – who pays the funeral costs?

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